Are you persistently watching your phone and waiting for that phone call from your lawyer about your pending lawsuit? After all, it’s been weeks since you’ve heard anything, and the bills are starting to pile up. Plus, it never seems to take this long on Judge Judy.
However, most lawsuits cases can take anywhere from one to five years before a settlement is reached. There are multiple factors that can decide how long it will take for it to be over. It also needs the assistance of all the parties involved, which doesn’t always happen.
Your lawyer should be upfront about all of the steps in the process. But if they weren’t, then you can use this guide to find out why your pending lawsuit is taking forever.
The Length of Medical Treatment Can Impact a Pending Lawsuit
It’s not always clear after one doctor’s visit the full extent of the injuries sustained from an accident. In some severe cases, treatment will go on for years after the initial incident. This can delay a pending lawsuit as it can’t be closed until you’re released from medical treatment.
Once your treatment is complete, your medical records will get sent to your attorney. They will then include this in their letter requesting compensation. But if you’re still receiving treatment, they can’t ask for any reimbursement as the full costs are not finalized.
Taking the time to recover from injuries is not only important for the pending lawsuit process, but also for your health. If you rush this process and an issue gets discovered after a settlement has been reached, you won’t be able to ask for more money.
The Amount of Compensation Requested
If you’ve asked for a substantial amount of money for compensation, then you can expect the insurance companies to hold the pending lawsuit up. It’s likely they will delay cutting a check until they’ve investigated every single aspect of the case.
Their investigation will be thorough as they want to know every detail of liability and damages. It is up to your attorney to persuade the insurance company that your injuries were caused as a result of the accident. They also need to show that you’re a credible individual and that it is not in the best interest of the other party to fight the case.
One tactic they might try is to continually delay the pending lawsuit in the hope that you’ll accept a lower offer. While this settles it quickly, the amount you’re provided might not cover all the necessary medical expenses.
Cooperation From Other Parties
When it comes to a pending lawsuit, it takes two to tango. While you have a responsibility to provide all of the relevant documentation, the other party and their insurer need to agree to the terms in order for the issue to get resolved.
It is the role of the insurance company to place liability on you and delay paying any kind of settlement. They will try to get have you make a statement that relinquishes them of any responsibility to compensate you. This is why it’s imperative to speak to your lawyer before you discuss anything with an insurance adjuster.
Your lawyer must ensure that all of the other parties are doing their part to keep the pending lawsuit moving. They must be able to answer all of your questions about timelines that have been agreed upon and reduce the need for any delays to the process.
Many lawsuits settle outside of a courthouse, but if there’s no mutual agreement, then you’ll need to book a date with a judge. This can create additional expenses and delay things further.
Going to trial requires more filing of paperwork by your lawyer and appointments organized with any witnesses involved in the incident. Your lawyer will also need to schedule a court date. A judge’s calendar will fill up quickly, and civil suits are typically set for trial a year or 18 months after filing them.
Even after the opposing party responds to the complaint, a discovery process needs to take place and can last up to six months. Each party will send questions and get asked to provide any relevant items. They then have up to a period of 30 days to deliver responses and produce documentation.
Once you’ve received all of the documents, depositions will get scheduled. These will often be a meeting outside of court, but the testimony is under oath. Depending on how many statements need to get collected, this process can take up to four months to complete.
Taking a lawsuit to trial can be risky, which is why many people opt to settle out of court. If your lawyer can’t convince a judge or jury that you deserve compensation, then you will receive no financial reimbursement for the damages and injuries that you’ve suffered.
Do You Need Help With Your Case?
If you need help with your pending lawsuit, then USClaims can help work with your lawyer to review your situation and offer you the funding that you need while the case is ongoing. This allows you to continue to pay your bills and give your attorney the necessary time to get the best settlement possible.You can complete an application online and get approved within 24 hours. Our fees are capped, and there are no compounded rates that you need to concern yourself with. Approval is also fast, with funds from $500 to $1,000,000 able to get deposited within 24 hours.